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Date: 12-19-2018
Case Style:
Case Number: 3:17-cr-00066-MMD-WGC
Judge: Miranda M. Du
Court: United States District Court for the District of Nevada (Washoe County)
Plaintiff's Attorney: Megan Rachow
Defendant's Attorney: Christopher P. Frey - FPD
Description:
Charge:
18 USC 924(c)(1)(A)(ii) - Use of a Firearm During and in Relation to a Crime of Violence
(2)
Outcome: 12/17/2018 33 MINUTES OF PROCEEDINGS - Sentencing and Disposition as to Andrew Brigman held on 12/17/2018 before Judge Miranda M. Du. Crtrm Administrator: Peggie Vannozzi; AUSA: Megan Rachow; Def Counsel: Christopher Frey; USPO: Jose Claro; Court Reporter/Recorder: Kathy French; Time of Hearing: 9:05 AM - 9:40 AM; Courtroom: 5; Defendant is present, in custody.
The Court deferred acceptance of the binding plea agreement. The Court makes findings for the record and accepts the binding plea and adjudges Defendant guilty of the charges in court 2 of the indictment. The Court places the Sentencing Guidelines calculation on the record.
Ms. Rachow and Mr. Frey present argument. Mr. Frey presents Defendant's objection to paragraphs 26 and 27 of the presentence report and asks the Court to give Defendant credit for 35 days spent in Colorado state custody before he was arrested in this case. For the reasons stated by the Court, Defendant's objection to paragraphs 26 and 27 of the presentence report is sustained; the Court determines the criminal history to be a Criminal history category V, rather than a VI. The Court grants Defendant's request to make a recommendation to the BOP to give Defendant credit for 35 days spent in Colorado state custody before he was arrested by the ATF. Defendant makes a statement.
The Court makes findings for the record. Sentence is imposed as to count 2 of the indictment. Disposition of counts 1 and 3 entered. Defendant is advised of right to file an appeal. Defendant is remanded to custody.
(no image attached) (Copies have been distributed pursuant to the NEF - PAV) (Entered: 12/17/2018)
12/17/2018 34 PRELIMINARY ORDER OF FORFEITURE as to Andrew Brigman. Signed by Judge Miranda M. Du on 12/17/2018. (Copies have been distributed pursuant to the NEF - LH) (Entered: 12/18/2018)
Plaintiff's Experts:
Defendant's Experts:
Comments: